Weld court fields more cases with less money

Weld County’s judges, district attorney and top probation officer know more cases are filtering into the courthouse than a year ago.

And the numbers released this week affirmed it.

The Colorado Judicial Branch yearly report shows the number of cases handled in the Supreme Court and appeals, district, county and water courts, and probation. The tally includes cases filed from July 1, 2002, through June 30, the state’s fiscal year.

Weld courts mirror a statewide trend: More cases and less money. About 2,200 more cases were filed in 2003 over the previous year in Weld District Court and Weld County Court.

Probation officers had about 500 more active adult and juvenile cases this past June than they did the year before.

“Lawyers have increased case loads, but we move them through as quickly as we can,” said District Attorney Al Dominguez. He added only one lawyer to his staff – to total 21 lawyers – this summer after cutting the juvenile diversion program.

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The program aimed to give nonviolent offenders a chance to avoid court.

Felony cases jumped by about 300, and misdemeanor cases filed in county court increased by about 100.

Dominguez and court administrator Mary Bohlender look to the booming population to explain the statistics. More people equal more crime, more divorces and more civil disputes.

All of this as state and local government suffered a budget crisis, leaving little money for courts, probation and the Weld District Attorney’s Office to beef up their staffs. In some cases, departments saw their staffs shrink.

The probation department lost three employees and two contract positions. Chief probation officer Jerry Wommack said his staff is working hard to accommodate larger caseloads. So far, he feels his department is caught up but wonders how long that will last.

He expects 300-500 more juvenile cases this year that would have gone to juvenile diversion.

Weld courts are working with six fewer clerks than a year ago. Until June, when the state applied a formula to determine how many employees each district deserved, Bohlender was down nine employees.

She’s waiting for the budget to include money for another district court judge, which legislators approved two years ago. That formula showed that Weld courts are understaffed by two in district court judges and a part-time judge in county court.

Chief Judge Roger Klein said the crunch is forcing judges to prioritize. Defendants in criminal cases are guaranteed a speedy trial under state law – 120 days from arraignment. That forces courts to delay less serious cases.

Small claims cases, for example, used to take 60 days for a resolution. Now, those cases are scheduled for four months from when they are filed.

Those who have been through the Weld courts recently understand that attorneys and judges are stressed. But they say the more time it takes for their cases to be resolved, the more heartache they endure.

Heather Wells of Greeley lost her mother in a car accident last fall. A Greeley teenager pleaded guilty to vehicular homicide and was sentenced in late August. Wells said she feels the judge handling the case and the district attorneys had such a large caseload that her case took longer than it should have.

“That was a waste of time for the family. I couldn’t get on with my life,” she said.

However, she said the attorney prosecuting the case still made time for her.

On Tuesday, District Judge Gilbert Gutierrez had 25 criminal cases on his docket, including a jury trial. It’s not unusual for judges to schedule several trials for one day and hope that they two sides reach a plea agreement.

Judges have become used to working past 4 p.m. – when the courthouse officially closes – to get through their caseload.

“It’s a strain on the district attorneys, the public defenders, probation staff and certainly my staff. It’s like a law of physics. The system has to slow down,” Gutierrez said.